Opinion

Brown v. State

  • 605 So. 2d 588
  • 1992 WL 240611
Court
District Court of Appeal of Florida
Filed
Sep 30, 1992
Status
Published
On the bench
Wigginton
Cited by
5 cases
Authority
More cited than 92.8%

The opinion

605 So.2d 588 (1992)

Frank BROWN, Jr., Appellant,

v.

STATE of Florida, Appellee.

No. 91-3063.

District Court of Appeal of Florida, First District.

September 30, 1992.

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and James W. Rogers, Asst. Atty. Gen., Tallahassee, for appellee.

WIGGINTON, Judge.

Appellant brings this appeal pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), challenging his judgment of conviction and sentence for aggravated battery. We affirm but at the same time note a slight discrepancy existing between the oral pronouncement of the amount of restitution to be paid and the written probation order. At the hearing, the court announced appellant would pay $915 to the hospital, $230 to the doctor, and $28 for medication, totaling $1173. The court further observed that by the time appellant would be able to pay this amount, the Crimes Compensation Fund would have already satisfied the obligation. Accordingly, the court requested counsel to word the probation order to reflect that at the time appellant would begin to make restitution, the money would go to the Fund. However, in reviewing the probation order, it would appear that that specific language, as well as the obligation to pay $28 for medication, was omitted. Thus, it is necessary to remand this cause to the trial court so that that portion of the order of probation be corrected.

ALLEN and WEBSTER, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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